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(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 "ney, 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 2 (a), he shall preparò a reorganization plan for the making of the transfors, 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 2 (n). Tho delivery to both Houses shall be on the same day and shall be mado to each House while it is in session. The President, in his message transmitting a reorganization plan, shall specify with respect to ench abolition of a function specified in the plan the statutory authority for the exercise of such function.
OTHER CONTENTS OF PLANS
SEO. 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 compen sation 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 provisión for the transfer or 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.
LIMITATIONS ON POWERS WITH RESPECT TO REORGANIZATIONS
SEO. 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 departinent 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 quasijudicial 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.
Agencies exempted from reorganization
(b) No reorganization plan shall provide for any reorganization affecting any agency named below in this subsection; except that this plan. 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.
U. 8. Army Corps of Engineers, elvil
(c) No reorganization plan shall provide for any reorganization affecting any civil function of the Corps of Engineers of the United functions. 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.
Restriction as to type of reorganization
(d) No reorganization plan shall provide for a reorganization affecting any agency named below in this subsection if it also provides plan. 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 abovo 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,
Provisions of plan; when operative.
TAKING EFFECT OF REORGANIZATIONS
SEO. 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 faver 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 Houso 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"
SEO. 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
8. 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".
Applicability of existing law, regazio
SEC. 9. (a) (1) Any statute enacted, and any regulation or other Action made, prescribed, issued, granted, or perfumed, in respect of fia, ke 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, superpedød, or mada inapplicable by or under authority of inw, 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 bo exercised after the transfer, bo 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 “regnIation 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 Euch House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.
"Regulation or other
Concurrent resolutlona; rulos.
Reference of resolution to committee.
Procedure for diacharge of committee.
Procedure for consideration of resolution.
Time limitation on debate.
Motion to postpone.
Appeals from declslons of Chair.
Procedure when resolution received from other 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 Conthe 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 committed (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 committco.
(b) Such motion may be made only by a person favoring the resoJution, 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 dischargo 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.
SEO. 207. If, prior to the passage by one House of a resolution of that House with respect to a reorganization plan, such House receives